Legal Reform of Traditional Courts in South Africa: Exploring the Links between uBuntu, Restorative Justice and Therapeutic Jurisprudence

This paper, published in 2015 in the Journal of International and Comparative Law, investigates the links between ubuntu, restorative justice and therapeutic jurisprudence in the context of formal traditional courts. In contrast to the punitive character of a conventional justice system that focuses on retaliation, ubuntu, restorative justice and therapeutic jurisprudence call for a more holistic approach that promotes reconciliation of everyone caught up in the justice system. All of them have one thing in common — the well-being of all individuals and communities touched by injustice in some form or other.

Christa Rautenbach